Articles Posted in Domestic Violence

Valentine’s Day is supposed to be one of romance – sweet cards, roses and candlelight.

But our Fort Lauderdale criminal defense lawyers know that too often, the night ends horribly – with someone in the back of a squad car on their way to being booked for a domestic violence charge.

The Sun Sentinel reports that this past Valentine’s Day, there were two dozen people in both Broward and Palm Beach County Jails, booked on charges of assaulting or battering a loved one. We can’t say for certain whether those cases absolutely involved spouses (domestic violence can be charged against any intimate, including children and roommates). However, we do know that domestic violence counselors at the Broward County Women in Distress handled nearly 40 calls that day – both women and men.

The counselors say there is a lot of pressure on couples when it comes to holidays like Valentine’s Day to have a “perfect” day or evening. (The same could be said of holidays like Thanksgiving and New Year’s Eve.) When it doesn’t happen that way, tempers can flare. Factor in the red wine or other alcohol, and things can quickly get ugly.

The unfortunate thing is that by the time police are called, someone is most likely going to jail – even if both parties agree that initial accounts were exaggerated. Police don’t want to risk being called out later that night for a more serious crime, and will more often than not choose to separate the two by arresting one – even above the protestations of the other.

In addition to actual assaults, we also see a lot of violation of domestic violence injunction arrests surrounding this day. In the spirit of the holiday, people are trying to patch the fences and reconcile. Violations aren’t always another incident of assault. Often, they are handed out simply by the defendant coming within 500 feet of the petitioner’s home, school, work or other specified location, per Florida Statute 741.31.

But it’s important to understand that an arrest for violation of injunction for a protection order can happen even when both parties consent to the meeting. Anyone – not just the petitioner – can report that violation.

This most recent Feb. 14, one of the more serious local cases involved allegations of text-message infidelity between a pregnant fiancee and the best friend of her betrothed. The two men went to confront the female in her apartment, but the men ended up brawling in the bedroom while the woman hid under the sheets. Her fiance then refused to allow her to leave. She reportedly called police, who upon arrival said the fiance was aggressive and ended up using a Taser on him.

The following day in court, the woman denied she had been unfaithful and didn’t want to cooperate in her fiance’s prosecution. In these cases, however, the requests of the alleged victim are not always honored.

A domestic violence conviction can haunt you for years to come. It’s important that no matter your situation, you contact an experienced criminal defense lawyer to assist you in fighting the charge.
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If your spouse has obtained a restraining order against you, it’s critical that you contact an experienced Fort Lauderdale domestic violence defense lawyer as soon as possible – even if you haven’t yet been arrested.

The holidays can be a stressful time. Sometimes, a domestic incident –or accusations of one — can result in legal trouble. Allegations made in these requests may be completely unsubstantiated. But failure to contest them can result in a forfeiture of your rights. Additionally, these orders may result in interference with child custody or visitation, your ability to possess weapons and could block you from attending certain important functions or events.

A prominent pastor out of Orlando is currently battling such allegations made in a petition that was granted by his wife and mother of his three children recently, following the revelation that he had recently had an affair with a church administrator – the day before the couple’s 13th wedding anniversary.

According to the Orlando Sentinel, the pastor, whose father heads a mega-church and is a spiritual adviser to President Barack Obama, resigned from his church late last months after the affair was revealed. Less than a week later, his wife came forward alleging extreme violence, erratic behavior and alcohol abuse.

His wife now alleges that after several happy years together, the abuse began early last year.

She included photographs of bruises on her arms that she contends were inflicted during an argument with he husband the day before Valentine’s Day last year. She alleged that her husband kicked her and then pinned her down on the bed by her arms while screaming and cursing at her.

A month later, she says, the couple was staying at a friend’s home and her husband began drinking heavily. At one point, he reportedly lamented that he had no way out of the marriage, a statement that prompted her to sleep in a locked bedroom with her cellphone nearby in case she needed to call for help.

Then last summer, she said, she called an associate pastor to their home after her husband allegedly threatened and insulted her after he had been drinking heavily.

Then recently, she said she returned home from a day trip she had taken with her daughters to find her husband passed out from intoxication and their 5-year-old son unattended. The pair argued, and her husband reportedly left the home with two weapons in his possession. When family members came to the home that night, they reportedly discovered syringes, “vials of liquids” and pills throughout his possessions.

She also alleged he typically drinks two bottles of whiskey every night. She referenced a suicide note she discovered last spring that gave instructions on what to do if he died, expressing grief that he had become a burden on those he loves.

Based on this, the judge granted her a temporary restraining order and scheduled a follow-up hearing to determine whether it should be made permanent.

A day after those allegations were made public, the pastor and his attorney responded, saying that none of it was true and he had never physically harmed her or the children and had never threatened to do so either.

Given the timing of the affair discovery, the immediate filing of a domestic violence restraining order in this case seems suspect.

Sometimes, these orders are filed just after an arrest. Sometimes, they can end up leading to an arrest. Whatever your situation, contact an attorney as soon as possible.
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A Hollywood man who was reportedly belligerently intoxicated made headlines recently after his domestic violence arrest. He reportedly told officers he should be allowed to “touch my wife any way I want to.”

The judge disagreed, and the 46-year-old is now being held on $6,700 bond.

Fort Lauderdale domestic violence defense attorneys understand that as we approach Thanksgiving and on through the rest of the holidays, we’re going to see an uptick in both domestic violence calls and arrests.

The fact is, of course a marriage license doesn’t give anyone the right to be abusive. People tend to say things when they’re impaired that they never would otherwise.

Still, this man’s conversation with police won’t help his case. It’s worth noting this Thanksgiving if you are involved in a family squabble and police are called to arrest you: Don’t say anything. It can be tempting to jump in and try to explain yourself or how the other person has over-reacted. But after your arrest, it isn’t likely to do much good, and it’s probably only going to hurt your case – especially if you’ve been drinking, because you’re liable to say something you don’t mean. Wait for your attorney to clear it up.

According to a recent study on domestic violence arrests, there is a 22 percent increase in calls on Thanksgiving. That increase actually continues steadily throughout the week after the holiday.

On Christmas Day, domestic violence calls are up 17 percent, and on New Year’s Eve, they jump by more than 30 percent.

And it’s not just spouses or intimate partners. It often involves other family members.

There are several explanations for this:

First of all, the holidays are stressful. You are gathering with people you maybe don’t see all that often, and that’s perhaps because you might not like them all that much. Many people feel a sense of obligation to visit with family because it’s tradition, but such gatherings may tend to fuel the flames of old hurts, grudges or resentments. And it’s not usually a quick visit either – it’s hours and hours.

This tends to lead to the second cause of problems during these gatherings, which is alcohol. This is like adding fuel to a grease fire. Some people use it as a coping mechanism, while others simply don’t know their limit.

Thirdly, you have the money elements. Holidays can be expensive. Not only is there a bird, and the stuffing and the other sides and the desserts – but then there’s the travel costs. And it continues from there, immediately with Black Friday. There is a great deal of pressure to spend, and these days, people are still struggling. Given that financial problems are at the root of many family disagreements, it’s not wonder that this element can lead to extra tensions.

It’s important if at all possible to take a step back and remember to relax. Avoid situations you know are going to be tense, and walk away from those that appear to be escalating.

If you are arrested, understand that because it’s a long weekend, you may spend an extra day or two in jail. But make that first phone call to your defense attorney.
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Fort Lauderdale domestic violence attorneys know the issue is a growing problem, as evidenced by a recent report by the Sun-Sentinel, indicating that while overall crime rates are down, murders are up dramatically – and it’s due to domestic violence.

Broward County Sheriff Al Lamberti reported that murders in the county rose an eye-popping 85 percent in the first half of this year compared to last.

According to statistics recently released by the Florida Department of Law Enforcement, there were 21 murders in the first half of 2011. Contrast that with the first half of 2012, when there were reportedly 39 homicides.

The vast majority of those cases, Lamberti said, stemmed from domestic violence.

While we certainly don’t agree with law enforcement on every matter, we do agree with the statement he gave regarding the reasons behind the problem:

After a fatal domestic violence case, people have a tendency to say, “he or she just snapped.” But all too often, there is a lot more going in a troubled relationship that ends in homicide, and there generally are repeated and escalating incidents in prior history.

That’s why when our attorneys take on new clients one of the first things we typically suggest they do is attend counseling and, if necessary, substance abuse treatment. We have found that not only is this viewed favorably by the court, potentially allowing you more leniency in a plea deal or sentencing, you have the opportunity to address underlying problems. This will allow you to hopefully prevent a similar episode from happening in the future.

Our attorneys are dedicated to helping those individuals who are wrongly accused or whose criminal domestic violence charges are inflated and even those for who might carry some of the burden of responsibility for their actions. These are very serious charges, with long-term consequences and the social stigma that comes with conviction. As law enforcement continues its crackdown on household violence, the number of marginal or unfair arrests will also no doubt increase.

Domestic situations have a propensity to quickly spiral out of control, often with both sides acting as aggressors. Still, it is almost always the male half who is arrested.

The majority of these cases will be prosecuted as misdemeanors. Many understand misdemeanors to be not as serious as felony cases, but a conviction on a misdemeanor domestic violence charge can have far reaching consequences.

First, in addition to a possible year in jail, you will likely serve a mandatory minimum of at least 5 days behind bars. After that, you’ll likely be made to endure a 30-week batterer’s intervention program. You will also forfeit any rights to have a firearm while you’re on probation, your concealed weapons permit is going to be revoked and you will never be able to have your criminal record expunged or sealed.

Secondly, because this charge is never blotted from your criminal record, it’s something potential schools, employers and any member of the public will be able to easily look up and find. In some fields, such as primary education or law enforcement, you may be barred entirely from your career field, as such convictions are seen as a moral deficiency.

The best way you can avoid this is to avoid a conviction.

One technique that our attorneys sometimes employ to do this is to facilitate a victim outreach.

Many alleged victims regret that the situation has gotten to the point it has, and have no real desire to move forward with the case anyway. In some cases, they may wish to reconcile. However, the court may bar the defendant from contacting the alleged victims. Having your defense attorney do it for you can sometimes result in agreements to drop the charges. It’s important to note that domestic violence victims themselves don’t have the power to drop a case – only prosecutors do. However, if a victim refuses to cooperate, it can make proving that case much tougher.
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The Broward County Bar Association recently released a detailed analysis offering some insight into why local domestic violence cases have surged.

Broward domestic violence defense attorneys know that a big part of it has to do with the economy. It’s practically a science – meteorologists can tell from barometric pressure readings whether it’s going to be a good weather day or a bad one. Defense attorneys know that when the economy begins to tank, domestic violence cases increase.

Throughout the U.S., calls to the National Domestic Violence Hotline have climbed by about 13 percent from 2007 to 2009. In Florida, domestic violence centers reported a 40 percent increase in demand for services from late 2008 to late 2009. In the last year, Broward County domestic violence centers have reported an eye-popping 43 percent increase in calls, while those in Palm Beach County have reported an uptick of 27 percent.

What does the economy have to do with it? Consider first that South Florida has been hit especially hard by the economic crisis. Even though politicians in Washington continue to espouse the fact that we’re now technically in a recovery, a lot of people here are still struggling with impending foreclosures, unemployment or underemployment, reduced wages and overall economic insecurity. When people are on edge or depressed, that alone can lead to “taking it out on” those closes to you. It can also lead to substance abuse, which is another factor in domestic violence allegations.

Something else that is not often discussed with regard to domestic violence allegations in tough economic times is the fact that police agencies are often overworked and understaffed. Officers are being forced to take on more cases without working any additional hours, as local, state and federal budget cuts put restrictions on overtime and the hiring. And, of course, a similar strain on resources exists in the court system.

Officers conduct a cursory overview of the facts with a few questions – and that’s it. But almost always in domestic violence cases, someone is going to jail. Even if you are charged with a misdemeanor, as is the case with most domestic violence arrests, that mark is going to remain on your permanent record forever, unless your attorney can convince the state attorney’s office to drop or reduce the charges or if you are exonerated by a judge or jury.

This is why it’s critical to hire an experienced domestic violence attorney because this kind of a conviction – even if you plead no contest – will follow you as you try to apply for a job, or even keep the one you have. The current economic state of this country makes this an even more pressing issue.

Some of the strategies that a criminal defense lawyer in your case might employ include:
–Showing a potential monetary or other benefit that the accuser stands to gain with your conviction;
–Calling witnesses to testify that the person accused has a reputation for being non-violent and peaceful;
–Calling witnesses to testify that the accuser has a history of not being truthful;
–Showing that the accuser may be an unreliable witness due to the abuse of drugs or alcohol;
–Showing that the actions of the accused were taken either in self-defense or in order to protect children from the acts of the accuser.
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A report under the news category, “Flori-Duh” mocked a Fort Lauderdale man who had been arrested on charges of domestic violence battery after reportedly covering a woman with tomato sauce and shaving cream.

However, Fort Lauderdale domestic violence defense lawyers know that in all seriousness, the charges are nothing to laugh about.

The news report details the account of a domestic violence dispute that quickly escalated into a situation in which the 26-year-old man allegedly doused the woman in cream and sauce. The judge presiding over the situation said he thought he had heard just about everything: domestic violence by tuna can, pizza, sandwiches and meatballs. These are the stuff of legendary lunchroom food fights, but in the context of a domestic violence case, the repercussions are far steeper than a trip to the principal’s office. (By the way, a high school food fight in Arizona recently resulted in felony battery on a teacher charges for one of the teens involved, so the use of food in an action against someone else doesn’t de-criminalize the act.)

Florida statute 784.011 defines assault as an intentional and unlawful threat by word or act to do violence upon another person accompanied by the ability to carry out that threat. Battery, as defined in Florida statute 784.03, is the act of intentionally touching or striking another person against the will of that person.

Florida Statute 741.28 defines domestic violence as ANY assault, battery, sexual assault or battery, stalking, false imprisonment, kidnapping “or any other criminal offense” that results in physical injury or death of a household or family member by another household or family member.

These can be charged as either felonies or misdemeanors, depending on the severity of the case and the criminal background of the defendant, which mean a person could potentially be sentenced to years behind bars if convicted.

The whole phenomenon of poking fun at cases of domestic violence involving food or other weird objects was addressed recently by an editorial in a Nebraska newspaper, where a husband had been arrested there for assaulting his wife with a sandwich. The reporter who covered the story had used tongue-in-cheek phrasing and noted the “several pieces of lunch meat found on the carpet,” as well as the mayonnaise stains on the victim’s shirt. The husband was charged with a misdemeanor, and the story was subsequently picked up by national news outlets, including Fox News, the New York Daily News, CBS News and others.

Online commentators had even more fun with the story, asking if the sandwich was a “club sandwich” and whether, if the sandwich had been ham and the woman a Muslim, if it would have been prosecuted as a hate crime.

The editorial chided these remarks, as well as the “news” reports. But, of course, this is unlikely to have much effect on the media, or on those who find humor in the situation, particularly when someone isn’t seriously hurt.

What’s important for potential clients to understand is that even if the circumstances surrounding your arrest become fodder for laughs, you need to take it seriously and hire a criminal defense lawyer with experience.
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A Boynton Beach woman is facing criminal charges after police say she beat her young son with a belt after he was reported at school for bad behavior.

Fort Lauderdale criminal defense lawyers know that 50 years ago – and even today in certain cultures – such conduct would barely cause a raised eyebrow, let alone criminal charges. In fact, this was historically seen as a form of good parenting.

In fact, in 19 states in this country – including Florida – corporal punishment is not only allowable, it is sanctioned and carried out by school administrators. The boards used to paddle children are about 5 inches wide and 1/2 inch thick. They are often hand-made, sometimes by students themselves in wood shop.

A recent report by ABC News indicated that about 3,600 students were spanked by school officials in Florida last year. (That’s much lower than in states like Georgia and Florida, which on average spank more than 28,000 kids annually.)

But times have changed dramatically, and criminal laws are always evolving.

Even though Florida lawmakers have been working to ban corporal discipline in Florida schools, the measure has so far been unsuccessful. Most Florida schools have opted out of the practice, but clearly not all of them.

And yet, it appears we use a different measuring stick when it comes to the actions of parents seeking to discipline their children.

Florida Statute 827.03 defines child abuse as the intentional infliction of physical or mental injury on a child or an intentional act that could reasonably be expected to result in physical or mental injury on a child or the active encouragement of another person to inflict physical or mental injury on a child.

“Physical injury” is a vague term, and fails to differentiate from severe welts and bruising to hand prints and scratches.

This is not to say that there are not parents who take it too far. But in a state where we allow school officials to paddle children, the line often seems unclear.

In this case, the 34-year-old mother was upset with her son, age 5, for bringing home a bad conduct report. Essentially, these are issued when a child acts up in class. She then reportedly took her into his room and whipped him with a belt. The noise woke the boy’s father, who asked the mother to stop.

Somehow, an investigator with the Florida Department of Children and Families learned of the incident and started an investigation. The boy had a single vertical mark across the side of his back, as well as several bruises. The boy said that his mother disciplined him and his sister with a belt when they misbehave.

They also have a younger brother, age 1. There is no indication that the infant has been subjected to any physical harm by the mother.
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When it comes to domestic violence arrests in Florida, there is no one-size-fits all charge.

The fact is, prosecutors have a host of varying options to choose from when it comes to charging, and it’s all based on the specific evidence available in each individual case.

This is where having a Fort Lauderdale criminal defense attorney who specializes in domestic violence cases becomes especially important. It’s one thing to generally know the potential defenses in a criminal case, but it’s another to be well-familiarized with the ins-and-outs of a specific area of law.

Choosing a defense attorney who is armed with this knowledge can be critical to ensuring the best possible outcome based on your circumstances.

This case involved a 40-year-old West Palm Beach man and his 38-year-old live-in girlfriend of four months. Investigators arrested the suspect on charges of domestic battery by strangulation, aggravated battery with a deadly weapon, criminal mischief and resisting police officers with violence.

Authorities were reportedly alerted to the case by hospital staff, who were treating the woman days after the alleged attack. She told investigators she hadn’t sought treatment earlier because she feared the legal consequences her boyfriend might face.

Investigators say that the man had been consuming alcohol throughout the day, and when evening fell, he began to argue with his girlfriend. She then reportedly went outside and he followed her. At this point, she contends he began hitting her in the back of the neck with his fists.

The woman was reportedly able to get away and went back inside to get her phone, purse and keys from a bedroom. The defendant then allegedly closed the door behind him, hit the woman on both ears with the palms of his hands. She claims he also took her phone and smashed it on the ground.

She said he then grabbed her by the neck, and opened a pocket knife, which he held to her neck, while saying that he intended to kill her and bury her in the backyard.

Again, she was able to break away and sought shelter with a neighbor.

Domestic violence by strangulation is defined in Florida Statute 784.041(2)(a), which states that the defendant must have knowingly and with intention and against the other person’s will “impede normal breathing or strangulation or circulation of the blood” to either a family member or a person living in the same house or to someone he or she is dating. This act must be such that it creates the risk of serious bodily harm by applying pressure to either the neck or throat or by blocking the mouth or nose of the other person.

This is a third-degree felony charge, which means it’s punishable by up to 5 years in prison.

In this case, it’s not clear what evidence police have to prove that this charge applies. At no point did the report say that the alleged victim was unable to breathe. Furthermore, the delay in reporting the case has more than likely resulted in the disintegration of evidence that would have been vital to the prosecution’s case.

Nonetheless, the seriousness of these allegations warrants the help of an attorney with experience in defending domestic violence cases.
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So often when we talk about domestic violence in the criminal sense, we picture a man lashing out at a woman with whom he’s romantically involved.

But our Fort Lauderdale criminal defense lawyers know that under the actual definition of the law, there are many other scenarios that qualify.

Such was the incident between a brother and sister who quarreled over the boy’s annoyance of his older sister.

According to the Sun Sentinel, the 18-year-old sister was watching a movie with her cousin. Her brother charged into the room with a laundry basket on his head, in a clear attempt to annoy the two women. When the sister yelled at him to leave the room, the 12-year-old boy refused.

This is where the argument escalated.

Police say the 18-year-old tackled her younger brother to the ground and then kicked him in the head while he was on the floor and scratched his back. At some point during the altercation, police say the woman grabbed a knife from the kitchen and stabbed her younger brother in the shoulder.

At that point, an older brother stepped in, grabbed the boy and dragged him to a bedroom, locking the door behind them.

However, the sister then kicked the door in. The boy grabbed a machete that was in the room in an effort to defend himself. It’s unclear whether the woman sustained any injuries as a result.

At that point, someone in the house contacted police.

Investigators at the scene took the knife and machete as evidence and photographed the damage to the door, as well as the welts and bruises that were forming on the boy’s body.

The woman later told police that she had only grabbed the knife in an effort to defend herself. She was nonetheless booked on charges of aggravated assault and child abuse.

These are two very serious charges, and whether this woman is convicted will depend a great deal on a number of factors, including:

–The statements made by witnesses about who was the aggressor in the situation;
–How the two involved parties’ statements conflict with the witness statements;
–The extend of the injuries to each party;
–The size of the two individuals involved;
–Is the boy’s statement consistent with the one he gave at the time of arrest.

Each of these will be weighed by the defense attorney to determine the best course of action.

What may not help this woman’s case is that she was arrested in 2008 for aggravated assault. It’s not clear, however, whether she was convicted.

Aggravated battery, as defined in Florida Statute 784.045 is when a person knowingly or intentionally causes great bodily harm or permanent disability or disfigurement or uses a deadly weapon. This is a second-degree felony, which is punishable by a maximum of 15 years in prison.

Child abuse is an equally serious offense, as defined in Florida Statute 827.03. It is essentially defined as the intentional infliction of physical or mental injury upon a child. It can be charged as either a second or third degree felony, depending on the extend of the child’s injuries and the intention of the alleged aggressor. As a third-degree felony, it would be punishable by a maximum of five years in prison.

The court may also take into consideration the age of the parties involved. Although the aggressor is technically an adult, she is not a great deal older than the alleged victim. There is no legal provision for this, but it is something the court may weigh.
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The headlines detailing a physical argument between a boyfriend and girlfriend at a local casino blared the words, “mutual combat.”

Indeed, Fort Lauderdale domestic violence attorneys noted the pair both had apparent bruises in their mug shots – he with a cut under his eye, and she with a bruise to her forehead.

But in terms of domestic violence law, is there such a thing as a “mutual combat” defense?

Yes, and no.

You wouldn’t actually call it “mutual combat.” Instead, you would explain it as self-defense during a mutual struggle.

Self defense is a valid defense to a domestic violence charge, but your defense attorney must convincingly make a case to the judge, based on available evidence. This is before the case would ever go to trial. In instances of mutual struggle, your defense attorney may be able to persuade prosecutors not to formally file criminal charges, based on the fact that both parties were equally aggressive toward one another.

Domestic violence is defined in Florida Statute 741.28 as the assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, sexual battery, sexual assault, false imprisonment or kidnapping that results in physical injury or death of a family or household member by another family or household member.

In this case, the Sun Sentinel reports that the pair had spent the evening in Hollywood at the Seminole Hard Rock Hotel & Casino. As they were preparing to leave, there was a disagreement about who would do the actual driving back to their shared residence.

A pint glass was reportedly thrown by the woman at the man. She missed. Police were called. But the argument had reportedly escalated by the time officers arrived. Investigators say the woman bit her boyfriend’s thumb, leaving teeth mark imprints.

The man told officers he tried to quash the violence, but witnesses said he put his girlfriend in a headlock and rammed her head into a nearby car.

The two 28-year-olds were arrested, both charged with battery domestic violence. The woman is additionally facing charges of aggravated assault with a deadly weapon without intent to kill.

They were booked with bonds set at $10,000 and $11,000.

Generally speaking, the law says you are allowed to use force against someone if you or someone else is about to be injured by that person.

The greatest problem with this defense is that you are, in essence, admitting to the court that you did commit an assault and/or battery. This means you are essentially proving the prosecutor’s case. This means in order for it to be effective, you have to prove that the other party was the aggressor and that you feared yourself in danger of harm. If the jury or judge does not believe you, this would essentially be an automatic conviction.

They key in these cases is being able to express what happened in an eloquent, convincing way. This is where having an experienced attorney on your side becomes critical.
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